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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2990
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Success has many copies: HathiTrust

4 months agoIndustries / Law : 43(B)log

Authors Guild, Inc. v. HathiTrust, No. 12 ? 4547 (2d Cir. June 10, 2014) Several research universities allowed Google to scan their collections; then they created a repository for the digital copies, the HathiTrust Digital Library (HDL), which currently has 80 member institutions and over ten million works. Show More Summary

No nominative fair use or dilution dismissals if plaintiff pleads the elements?

4 months agoIndustries / Law : 43(B)log

Valley Forge Military Academy Found. v. Valley Forge Old Guard, Inc., No. 09–2373, 2014 WL 2476115 (E.D. Pa. Jun. 2, 2014) Nominative fair use doesn’t have to work this badly, guys! Valley Forge Military Academy Foundation operates the Valley Forge Military Academy, a college-prep boarding school and a two-year college. Show More Summary

islands in the stream: Netflix v. Verizon

4 months agoIndustries / Law : 43(B)log

Netflix responds to Verizon’s C&D. For those not keeping track, it started when Netflix started sending error message to certain Verizon customers experiencing playback difficulties, telling them that the Verizon network was slow. Verizon...Show More Summary

Tough sledding: statements to industry-focused publication can be commercial speech

4 months agoIndustries / Law : 43(B)log

Skedco, Inc. v. ARC Products, LLC, 2014 WL 2465577, No. 3:13–CV–00696 (D. Or. Jun. 2, 2014) The parties compete in the market for emergency medical rescue equipment, and are suing over false advertising. Plaintiff’s Sked is “an evacuation...Show More Summary

Is embedded advertising any good?

4 months agoIndustries / Law : 43(B)log

Negative take on “native advertising” from a purely advertiser-focused viewpoint. The author’s basic argument is that native advertising is essentially by definition unlikely to generate positive brand attention, because who the sponsor is will be forgettable. Show More Summary

A little bit pregnant: miscounting pregnancy duration as false advertising

4 months agoIndustries / Law : 43(B)log

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2014 WL 2526965 (S.D.N.Y. June 3, 2014) C&D sued SPD for false advertising over its pregnancy test advertising. The court denied SPD’s motion to dismiss. Show More Summary

Copyright Society: first sale

4 months agoIndustries / Law : 43(B)log

Digital First Sale Panelists: Karyn T. Claggett, U.S. Copyright Office History repeating: we studied digital first sale before studying digital first sale was cool. PTO is now having a series of roundtables on these issues—next will be in Boston, June 25. Show More Summary

Copyright Society: recent developments (but not the most recent)

4 months agoIndustries / Law : 43(B)log

This panel had the misfortune to occur just as the Second Circuit released HathiTrust. More on that to come, obviously. Recent Developments in Copyright Law Panelists: Robert W. Clarida, Reitler Kailas & Rosenblatt LLC Thomas Kjellberg, Cowan Liebowitz & Latman, P.C. Show More Summary

Copyright Society: Representative Judy Chu

4 months agoIndustries / Law : 43(B)log

Keynote Speaker: Congresswomen Judy Chu (D-CA) (House Judiciary, IP Subcommittee) There can be bipartisan agreement; there’s no obvious Democratic/Republican point of view, and we could get something done. Copyright is important in her district—Pasadena/LA. Show More Summary

Copyright Society: politics!

4 months agoIndustries / Law : 43(B)log

The 21st-Century Copyright Office (I know, but really, this panel is almost all about forum shopping and maneuvering to make sure that the people who have always made copyright policy continue to do so. It's important.) Moderator: Jacqueline Charlesworth, U.S. Show More Summary

Pet (food) sounds

4 months agoIndustries / Law : 43(B)log

I’m quoted in this St. Louis Post-Dispatch story about the Purina v. Blue Buffalo pet food dispute. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Is it in the public domain? Find out here

4 months agoIndustries / Law : 43(B)log

The Samuelson Clinic releases "Is it in the Public Domain?" handbook: a handy, if sadly complicated, manual and flowcharts. “The handbook walks readers though a series of questions—illustrated by accompanying charts—to help readers explore...Show More Summary

Copyright Society: fan productions

4 months agoIndustries / Law : 43(B)log

Crowd-Sourced Editorial Content and Fan Productions [Note: this is accidentally on purpose the perfect encapsulation of the move to monetize fandom: Four dudes sitting on a panel and telling me the history of fan fiction.] Moderator: Jay Kogan, DC Entertainment A few years ago we talked about fan productions, new business models. Show More Summary

Copyright Society: international developments

4 months agoIndustries / Law : 43(B)log

International Copyright Developments Moderator: Robert Brauneis, George Washington University Law School Covering not the world, but focusing on certain important areas. Also focused on new rights/limitations rather than issues of jurisdiction and procedure. Show More Summary

Copyright Society: transformative use (herein mainly of Google)

4 months agoIndustries / Law : 43(B)log

Transformation of Transformative Use Moderator: Julie Ahrens, Stanford Fair Use Project Mass digitization: at the start of the litigation Google seemed bold, but after 8 years the result was less surprising, at least to some, since digitization is so valuable/expected. Show More Summary

Vermont enacts GMO/natural labeling law

6 months agoIndustries / Law : 43(B)log

The law requires foods containing GMO organisms to be labeled and bars the use of "natural" on such foods. More reason, perhaps, to expect federal action on "natural" sooner rather than later?

No similarity means no infringement

6 months agoIndustries / Law : 43(B)log

Falcon Stainless, Inc. v. Rino Companies, Inc., --- Fed.Appx. ----, 2014 WL 1779246 (9 th Cir. May 6, 2014) After the district court mostly denied a preliminary injunction, the parties proceeded to trial on an implausible trademark claim;...Show More Summary

Film on fandom's future influcing copyright and politics

6 months agoIndustries / Law : 43(B)log

PBS Digital discusses the Future of Fandoms, with mentions of yours truly, including my recent article for a festschrift for Henry Jenkins, and the Organization for Transformative Works. Worth watching just for the fan art on screen...

record-free consumer class action certified as ascertainable

6 months agoIndustries / Law : 43(B)log

McCrary v. Elations Co., LLC, 2014 WL 1779243, No. EDCV 13–00242 (C.D. Cal. Jan. 13, 2014) The court certified a class alleging the usual California statutory claims against a supplement called Elations, whose label claimed a “clinically-proven...Show More Summary

Another exercise shoe settlement

6 months agoIndustries / Law : 43(B)log

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin.

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